Q&As

Section 37 of the Family Law Act 1986 makes provision regarding UK passports. Can the Family Court make an order for the surrender of a foreign, ie non-UK, passport?

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Published on LexisPSL on 13/08/2020

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Section 37 of the Family Law Act 1986 makes provision regarding UK passports. Can the Family Court make an order for the surrender of a foreign, ie non-UK, passport?

Section 37 of the Family Law Act 1986 makes provision regarding UK passports. Can the Family Court make an order for the surrender of a foreign, ie non-UK, passport?

As noted, section 37 of the Family Law Act 1986 makes provision as to the surrender of passports where there is in force an order prohibiting or otherwise restricting the removal of a child from the UK or from any specified part of it, but with the proviso that the provision applies only in relation to a UK passport, ie a current passport issued by the government of the UK.

Case law indicates that the High Court may order the surrender of a foreign passport under its inherent jurisdiction where that is in the interests of a child's welfare, see C v BH, where the father held a US

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